Florida Statutes
Fla. Stat. § 333.02 (2025)
Airport hazards and uses of land in airport vicinities contrary to public interest.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.—
(1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared:
(a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question;
(b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and
(c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.
(2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover.
Notes of Decisions
Cited in 2
cases, 1962–1993 · leading case: Test v. Broward Cnty., 616 So. 2d 111 (Fla. 4th DCA 1993).
Test v. Broward Cnty., 616 So. 2d 111 (Fla. 4th DCA 1993). “As amended, section 333.02, Florida Statutes (1990) provides: (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the *114 size of…”
Waring v. Peterson, 137 So. 2d 268 (Fla. 2d DCA 1962). “On the contrary, if the limitations upon the use of the property are constitutional and applied reasonably and fairly to all, they are valid and the individual hardship and loss must be endured to the end that the greater advantage to the community as a whole is made possible.”
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